Zoning board approves rear-setback variance for in-ground pool at 17 Annette Drive

The Portsmouth Zoning Board approved a dimensional variance that will allow an in-ground pool to be installed 5 feet from the rear property line at 17 Annette Drive, a variance of 25 feet from the standard 30-foot rear setback.

Angelo Espisa spoke for the applicant and described the proposed pool as 12 by 35 feet and placed in the only usable portion of the rear yard on the lot. Planning staff explained the rear-setback requirement and confirmed the requested variance amount. A board member said the lot—5s septic location and steep slope limit other pool locations on the property.

A next-door neighbor, who did not give a name on the record, raised concerns that the proposed pool and its elevation above the neighbor—5s lot could allow overflow or leakage to run downhill toward the neighbor—5s property. The neighbor said the rear grade puts the neighbor—5s house about "10 to 15" (feet) lower and that any overflow would run to the neighbor—5s yard.

Board members and staff responded that construction and safety details, including fencing, pump and drain design, and required erosion controls during excavation, are addressed in the building-permit process. Planning staff confirmed an erosion-control plan typically accompanies pool construction permits. "So it'll it's an erosion plan. So Yeah," a staff member said.

After discussion the board voted to approve the dimensional variance. The record shows the board noted the property—5s steep grade and existing constraints such as the septic system as characteristics that created hardship and supported the finding that denial would amount to more than a mere inconvenience.

Outcome: dimensional variance for a 12-by-35-foot in-ground pool approved; building-permit review and erosion-control requirements will apply before construction.